In Other Media-eg New Statesman, AJE, FP, Georgia, NYT,  Azerbaijan, CSM Click here to contact us     .

By Matthew Russell Lee, Patreon
BBC - Decrypt - LightRead - Honduras - Source

SDNY COURTHOUSE, Aug 9 -- Alleged members of a Bronx drug gang were presented and most detained on March 5 by U.S. District Court for the Southern District of New York Magistrate Judge Kevin N. Fox.    

Tasha Burnett, for example, while said to be a church goer and an entrepreneur, was described by Assistant US Attorney Thomas John Wright as having the gang's name on her bedroom wall and being captured on wiretaps trying to get a run. Judge Fox detained her. 

 But two of her co-defendants, including alleged gang leader Timothy Wallace and his alleged deputy Charkeem Payne, were ordered released by Judge Fox.  

 AUSA Wright immediately spoke an appeal, saying that District Judge Denise L. Cote to whom the case is assigned was still in the courthouse. Sullivan & Cromwell represented one of those freed, and asked when the appeal would be.   

So did Inner City Press, the only media in the SDNY Magistrates Court for this. The intention to appeal to Judge Cote was confirmed, but no time was given. We reported, We will continue to follow this. And we did.

 First, this order put on PACER on the morning of March 6: "ORDER: Arrests having been made in this prosecution today, bail determinations are being made by Magistrate Judge Fox. It is hereby ORDERED that any decision by a Magistrate Judge to release a defendant over the Governments objection is stayed until a bail review hearing before this Court on March 6 at 11:00 a.m. in Courtroom 18B, 500 Pearl Street. IT IS FURTHER ORDERED that any defendant who wishes to appeal a decision by a Magistrate Judge to detain the defendant will also be heard at the same time. IT IS FURTHER ORDERED that any detained defendant may forego the opportunity to appeal the bail determination tomorrow without prejudice to a later application to appeal the detention decision. as to Fernando Disla, Edward Abreu, Alicia Arias, Luis Farias, Timothy Wallace, Derek Livingston, Charkeem Payne, Carol Lane, Tracey Smith, Herman Stewart, Tasha Burnett, Tyriss Gwynn, Edgar Montes.. (Signed by Judge Denise L. Cote on 3/5/2020)(gr)."

  Then, not at 11 am but closer to noon, the appeal. The standard was de novo, and AUSA Wright added facts not adduced the night before: drug preparation and sales in Wallace's home on Gerard Avenue, including one sale by the mother of his two children, present in court on March 6. The Sullivan and Cromwell lawyer who had not spoken before Judge Fox the night before made the argument, emphasizing for example that she too has a digital scale, as a baker.

  Judge Cote asked where Wallace's wife works. She herself began to speak, then was directed to do it through counsel. Elevator manufacturing company GAR was the answer.

  Judge Cote found that the defendant poses a significant risk to the community, and overturned Judge Fox.

 Now in August, this: "ORDER as to Fernando Disla, Edward Abreu, Alicia Arias, Luis Farias, Timothy Wallace, Derek Livingston, Charkeem Payne, Carol Lane, Tracey Smith, Herman Stewart, Tasha Burnett, Tyriss Gwynn, Edgar Montes: Criminal jury trials may resume in the Southern District of New York as soon as September 2020. Any jury trial will be conducted in full compliance with the safety procedures implemented in this district. In order to comply with those safety procedures, jury trials will require complex planning and coordination. This district is currently planning to accommodate criminal jury trials that should occur between September and December 2020. This trial is scheduled to begin on November 2, 2020. It is anticipated that any defendant who wishes to resolve the charges by entering a plea of guilty will confer with the Government and arrange with the Court to enter a plea no later than three weeks before the date scheduled for trial. It is hereby ORDERED that defense counsel shall advise the Court by August 13, 2020 whether any defendant currently intends to proceed to trial."

This case is US v. Disla, et al, 20-cr-52 (Cote).

***

Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.

Feedback: Editorial [at] innercitypress.com
SDNY Press Room 480, front cubicle
500 Pearl Street, NY NY 10007 USA

Mail: Box 20047, Dag Hammarskjold Station NY NY 10017

Reporter's mobile (and weekends): 718-716-3540

Other, earlier Inner City Press are listed here, and some are available in the ProQuest service, and now on Lexis-Nexis.

 Copyright 2006-2020 Inner City Press, Inc. To request reprint or other permission, e-contact Editorial [at] innercitypress.com for